– jury trials to resume under strict guidelines

UNDER strict COVID-19 health guidelines, the October session of the Demerara Criminal Assizes opens today at the High Court in Georgetown, and over 300 cases are listed for trial.
THE Supreme Court of Judicature has suspended the ceremonial opening of the Assizes given the pandemic.
Further, in an effort to balance public health and safety imperatives with the need for continuing access to justice and openness, practice direction protocols have been put in place for the smooth and safe resumption of criminal jury trials.

This practice direction shall operate together with the Constitution and other laws, the COVID-19 Emergency Measures of the Ministry of Health and the relevant practice directions issued by the Chancellor of the Judiciary (ag), Justice Yonette Cummings-Edwards.
The objective of this practice direction is to preserve the right of the accused to a fair trial while maintaining the integrity of the judicial process.
It will also ensure that jury trials and court practices are designed to minimise exposure to infection of judges, jurors, court staff, the accused, witnesses, attorneys, members of the media and the public.

REMOTE SELECTION
The process of selection of the panel of potential jurors may be conducted remotely while cameras shall be appropriately positioned to allow the judge to have sight of each card pulled from the lot.

This process will be video-recorded and noted by the judge in his or her minute book, with the Court Registrar supervising the Marshal and other staff at the location where the cards are being pulled, also making a written record on site.
It is compulsory that every person entering the precincts of the court shall have their temperature taken by way of a hand-held thermometer to ensure that no one with a fever or an elevated temperature is admitted.

The test will be administered by a duly designated public health official, Marshal or Court Registrar. Also social distancing shall be practised.

OPTIONAL ATTENDANCE
Additionally, attendance of the prosecution and defence is optional for all sittings. However, if more than one counsel represents either side, only two counsels for either side may be permitted to attend court in person, sitting 6 feet apart. Other counsel may join the proceedings by audio/visual link.
Further, all local witnesses may be required to attend court for the purposes of giving their evidence at the trial or they may testify by way of audio/visual link. Overseas witnesses shall have their evidence taken by way of audio/video link subject to the directions of the judge.
During hearings, the Court will recess every 60 minutes to allow participants to move around, while still social distancing and for the courtroom to be ventilated. At the end of each hearing the courtroom will be properly sanitised.
Where the trial courtroom cannot accommodate members of the public with appropriate social distancing, they may view the proceedings remotely, but are prohibited from recording. Members of the media may be invited to join the trials remotely.

176 RAPE CASES
Justice Navindra Singh, Justice Brassington Reynolds and Madam Justice Priya Sewnarine-Beharry are expected to deal with a list of 369 cases at the October criminal assizes.
The list includes 98 cases for murder, 14 for manslaughter, 176 rape related cases and other cases such as abduction, wounding, robbery under arms, narcotics and stealing a child.
Listed for trial is Muslim scholar, Nezaam Ali, who is currently serving a 45-year sentence for raping a nine-year-old boy. Ali will go on trial for eight additional counts of sexually abusing eight boys. He is facing multiple indictments for crimes allegedly committed between 2011 and 2012, including sexual activity with a child under 16 years and sexual activity with a child by abusing a position of trust.

Another well-known case is that of former Bishops’ High School teacher, Coen Jackson, who is set to go on trial for engaging in sexual activity with a child under the age of 16, while being in a position of trust. He is currently out on bail.

Meanwhile, for the capital offence of murder, Brenda Ferreira, will go on trial for the 2018 murder of her 3-year-old son. The toddler was found in a bloodied state on a bed in the family’s wooden ‘shack’ at their Foulis, Enmore, East Coast Demerara (ECD) home. He had several stab wounds about his body.
Also, businessman Robert Benn will go on trial for the murder of 24-year-old Colin Perreira and the attempted murder of his girlfriend, Gail-Ann Chachon.
Four men are also set to go on trial for the murder of Foulis, East Coast Demerara businessman, Rajendra Singh.

Mark Lowchee called Mark Lee is also expected to face trial for the September 21, 2003 murder of Collis DeAbreu at Fifth and Light Streets, Alberttown, Georgetown.
Also, there is the case of Regan Rodrigues, called ‘Grey Boy,’ who is charged with the murder of political activist Courtney Crum-Ewing. The bullet-riddled body of Crum-Ewing was found at Third Avenue, Diamond New Scheme, EBD, on March 10, 2015. The 40-year-old was shot twice to the temple, once to the back of the head and twice to the stomach.